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Know the Laws: Michigan

UPDATED August 16, 2016

Enforcing Your Out-Of-State Order in Michigan

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If you are planning to move to Michigan or are going to be in Michigan for any reason, your protection or restraining order can be enforced.

General rules for out-of-state orders in Michigan

back to topCan I get my protection order enforced in Michigan? What are the requirements?

Yes. Your protection order can be enforced in Michigan as long as:

  • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*
  • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
  • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
    • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.**

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

* 18 U.S.C. § 2266(5)
** 18 U.S.C. § 2265(a) & (b)

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back to topCan I have my out-of-state protection order changed, extended, or canceled in Michigan?

No. Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Michigan.

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.  You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living.  To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued.

If your order does expire while you are living in Michigan, you may be able to get a new one issued in Michigan but this may be difficult to do if no new incidents of abuse have occurred in Michigan. To find out more information on how to get a personal protection order (PPO) in Michigan, visit our MI Restraining Orders page.

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back to topI was granted temporary custody with my PPO. Will I still have temporary custody of my children in MI?

Yes. As long as the child custody provision complies with certain federal laws,* Michigan can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here MI Finding a Lawyer.

* The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

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Registering your out-of-state order in Michigan

back to topWhat is the National Crime Information Center Registry? Who has access to it?

he National Crime Information Center Registry (NCIC) is a nationwide, electronic database that contains protective order information used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

All law enforcement officials have access to it, but the information is encrypted so outsiders cannot access it.

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back to topHow do I register my protection order in Michigan?

There is currently no uniform procedure for registering an out-of-state order in Michigan unless the abuser has violated the order while you have been in MI.  If the abuser has violated the order, you can file a motion and order to show cause for violating a foreign order and the court will start a new case and hold a violation hearing. 

However, it is possible that a specific county may have its own registration process.  To find out more about registering your protection order, you can contact a local domestic violence organization in Michigan for assistance or your local courthouse.  You can find contact information for domestic violence organizations in your area here on our MI State and Local Programs page and for courthouses on our MI Courthouse Locations page.

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back to topDo I have to register my protection order in Michigan in order to get it enforced?

No.  Michigan state law gives full protection to an out-of-state ("foreign") protection order as long as you can show the officer a copy of the order and can truthfully tell the officer that you believe the order is still in effect.*  It does not have to be entered into the state or federal registry in order to be enforced by a Michigan police officer, but the officer does need to believe that it is a valid (real) order.**

* Mich. Laws §§ 600.2950j(1); 600.2950l(3)
** Mich. Laws § 600.2950l(4)

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back to topWill the abuser be notified if I register my protection order?

Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.* However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Staying Safe page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our MI State and Local Programs page.

* 18 USC § 2265(d)

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back to topIf I don't register my protection order, will it be more difficult to have it enforced?

Neither federal law nor state law requires that you register your protection order in order to get it enforced, so it should not be more difficult to get your order enforced even if you do not register it.  However, if your order is not entered into the state registry and you do not have a copy of it with you, a Michigan law enforcement official will have to try to verify the order in some other way such as contacting the state that gave you the order.*  This process can take time, meaning it might take longer to have your order enforced, and if the official cannot verify your order, it might not be enforced.**

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Michigan. To see a list of local domestic violence organizations in MI, go to our MI State and Local Programs page.  

* Mich. Laws § 600.2950l(5)
** Mich. Laws § 600.2950l(7)

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back to topDoes it cost anything to register my protection order?

If your county allows registration, you can contact a local domestic violence organization to get information about the process and any costs. You can find contact information for organizations in your area here on our MI Where to Find Help page

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